16.Islamic Inheritance (Mirath)

16.Islamic Inheritance (Mirath)

☐Islamic inheritance law (al-fara’id) follows Qur’anic principles to ensure fair, balanced, and Sharia-compliant distribution of a deceased person’s estate.

☐Debts and funeral costs are settled first before shares are distributed to heirs. https://idcuk.org/demo/wp-content/uploads/2022/06/RevisedMirathInheritance.pdf

☐ Heirs receive fixed shares as per Qur’an (Surah An-Nisa 4:11–12). https://www.islamic-relief.org.uk/giving/islamic-giving/islamic-inheritance/how-to-calculate-inheritance-in-islam/

Key Principles

• Distribution is guided by Qur’anic injunctions (Surah An-Nisa: 11–12).
• Heirs include both male and female relatives according to defined shares.
• Debts and funeral costs must be paid before distribution.
• A valid will may allocate up to one-third of assets to non-heirs or charitable causes.

Typical Heirs

Heirs include parents, spouses, and children, each with prescribed portions.

• Male: Father, son, brother, uncle, grandfather.
• Female: Mother, daughter, sister, grandmother, wife.

Examples of fixed shares for heirs (Al-Faraid)

• Son receives twice the share of a daughter (An-Nisa: 11).
• Daughter receives half the share of a son.
•  
• Parents each receive one-sixth 1/6 if the deceased leaves children.
• Spouse’s share varies:
  • Husband: ½ (no children) or ¼ (with children).
  • Wife: Wife receives ¼ (no children) or ⅛ (with children).

Guidance and Calculation Tools

• Consult qualified Islamic scholars or inheritance specialists. https://inheritancecalculator.co.uk/.
• Online tools: Islamic Inheritance Calculator (UK) https://www.islamic-relief.org.uk/giving/islamic-giving/islamic-inheritance/how-to-calculate-inheritance-in-islam/
• Ensure legal compliance for a valid will (wasiyyah) when combining UK Probate UK domestic law and Islamic Sharia inheritance.
• Islamic wills must be legally valid under UK law, otherwise the estate may fall under UK intestacy rules, which might conflict with Sharia distribution.

Legal Validity of an Islamic Will in the UK

☐ In the UK, a will must be legally valid under English law to be enforceable, even if it is intended to follow Islamic inheritance principles.

☐ Individuals wishing to adhere to Islamic inheritance rules should draft a Shari’ah-compliant will that also meets UK legal requirements.

☐ To be legally valid, a will must comply with the Wills Act 1837, meaning it must:

• Be in writing.
• Be signed by the testator (the person making the will).
• Be witnessed by two individuals present at the same time.
• UK law (Testamentary Freedom):
  Under English law, individuals have full testamentary freedom — meaning they may leave their estate to anyone they choose. This allows for complete discretion over how assets are distributed after death.
• Limited Testamentary Freedom Islamic inheritance law:
  Under Islamic law, the testator may allocate up to one-third of their estate to anyone of their choice — for example, a charity or non-heir — while the remaining two-thirds must be distributed according to the fixed shares.